All claims were struck out because the claimant failed to attend the hearing and failed to comply with an order for further information.
Legal Issues (1)
Non-compliance with tribunal orders and failure to attend hearing leading to strike-out under Rule 47 of the Employment Tribunals Rules of Procedure 2024
The breach of contract claim was won with damages awarded, but the unfair dismissal claim was only determined on liability with remedy outstanding, resulting in a split outcome where one claim is fully resolved and the other remains pending.
Legal Issues (2)
Breach of contract – failure to give contractual notice
unfair dismissal – procedural fairness in handling whistleblowing concerns
The tribunal found that the claimant was not unfairly dismissed and dismissed the complaint after a full merits hearing.
Legal Issues (2)
The primary legal issue was whether the dismissal was unfair under the Employment Rights Act 1996. The tribunal also considered the jurisdictional issue of whether the claim was presented in time
which was resolved in the claimant's favour at an earlier hearing
The claimant's unfair dismissal, wrongful dismissal, and most discrimination claims were dismissed, while two discrimination sub-claims were allowed to proceed on time limit grounds, resulting in a split outcome.
Legal Issues (5)
Time limits for presenting discrimination complaints
just and equitable extension
merits of unfair dismissal
wrongful dismissal
direct disability discrimination and failure to make reasonable adjustments
All claims were dismissed: unfair dismissal withdrawn, and the remaining Equality Act claims were dismissed as out of time as it was not just and equitable to extend time.
Legal Issues (4)
Time limits under section 123 of the Equality Act 2010
The Tribunal found the claim of unfair constructive dismissal not well founded and dismissed it.
Legal Issues (1)
Unfair constructive dismissal: whether the claimant was constructively dismissed and whether the dismissal was unfair. The Tribunal concluded the claim was not well founded
The tribunal found that the first claimant's notice pay and redundancy claims were not well-founded, but upheld the first claimant's annual leave claim and the second claimant's notice pay and redundancy claims, awarding damages and a redundancy payment.
Legal Issues (3)
Breach of contract for notice pay
entitlement to annual leave carry-over
redundancy payments under section 163 Employment Rights Act 1996
The claimant won on unlawful deductions because rolled-up holiday pay was calculated on a below-minimum-wage basic rate, but lost all other claims because the cessation of shifts was due to an automatic right-to-work suspension, not a reaction to his complaints or disclosures.
Legal Issues (5)
Unlawful deductions from wages (rolled-up holiday pay on below-NMW basic rate)
automatic unfair dismissal for asserting NMW rights (s.104A) and for protected disclosure (s.103A)
detriment for protected disclosure (s.47B) and for asserting NMW rights (s.23 NMWA)
burden of proof
automatic suspension system for right-to-work documentation
The claimant succeeded on one discrimination claim (failure to provide a printer) but failed on other discrimination and victimisation claims, and other claims were struck out.
The claimant failed to prove any of his complaints (unfair dismissal, failure to make adjustments, discrimination arising from disability) were well-founded.
Legal Issues (3)
Burden of proof on the claimant
no evidence or submissions from either party to establish the claims